On June 12, 2013, at around 20:30, the Defendant visited the victim’s house, Seo-gu, Seo-gu, Seo-gu, Incheon, E loan 301, and visited the victim’s house, from around 02:00 of the same month, and continued to close a large quantity of beer and beer with the victim’s stude F, which is the stude of the victim’s stude.

Therefore, at a certain point between the victim and the above F from 02:00 to 05:00 of the same month, on the 13th day of the same month, on which the victim and the above F were kneeed, the defendant raised the victim's name, whose consciousness is unknown, toward her chest, and up to her panty part, and sexual intercourse once.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental condition.

2. We examine the judgment. The facts charged in the instant case are crimes falling under Articles 299 and 297 of the Criminal Act, and may be prosecuted only upon a complaint of the victim under Article 2 of the Addenda of the Criminal Act (amended by Act No. 11574, Dec. 18, 2012) and Article 306 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012).

However, according to the agreement and written application for no punishment and written withdrawal of a complaint submitted on August 23, 2013 in this court, the complainant expressed his/her intention not to be punished against the defendant under the agreement with the defendant on August 23, 2013 after the institution of the instant case. The victim's complaint against the defendant was lawfully revoked.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.